Syringe case judge says courts have to deal with years of social neglect

THE criminal courts now had to try to deal with years of accumulated social neglect, Judge Cyril Kelly said at Dublin Circuit…

THE criminal courts now had to try to deal with years of accumulated social neglect, Judge Cyril Kelly said at Dublin Circuit Criminal Court in a syringe attack case.

The two defendants before him had taken their defence counsel by surprise last October by pleading guilty to charges just before a jury was empanelled for their trial. Up until then they had instructed their counsel on the basis of not guilty pleas.

Judge Kelly further adjourned sentence on David Owens (20), of Doon Court, and Stephen Clarke (21), of Balbutcher Lane, both Dublin 11, until June 9th.

Owens and Clarke pleaded guilty to attacking a security man, Mr Sean Spooner, at Sandyhill Gardens on October 21st, 1994, occasioning him actual bodily harm, and to robbing him of money. They also pleaded guilty to unlawful possession of a syringe on that date.

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Owens had five previous convictions and Clarke had 14.

Judge Kelly noted Clarke was now drug free as a result of tackling his addiction since going into prison on an 18 month sentence in relation to another offence. He had started abusing drugs when he was 12.

"This is probably the first timed in his life for 10 years he has been drug free. By putting him ink custody for a sufficient period the courts have helped deal with his, addiction," Judge Kelly said.

He noted Owens began abusing solvents when he was 11 and progressed through abusing alcohol to hard drugs by his early teens. The judge said that last week he had a another young offender before him who began smoking heroin when 11.

"Where were the school attendance officers at that time? Where were the external agencies to intervene to prevent the type of offences now before these courts every day? We are having to deal with the result of years of accumulated social neglect.

"I am not just dealing daily with criminal offences. Sentencing is now much more complex than that. The judge is now become a type of social worker, adjudicating on behalf of the community, the prosecution and the defendants," Judge Kelly said.

Det Garda Andrew O'Keeffe said Mr Spooner had made a fully recovery from his ordeal.